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Jerome Julius BROWN, Sr., Plaintiff-Appellant, v. Margaret Ann NOLAN, Defendant-Appellee

United States Court of Appeals for the Fourth Circuit2009-05-08No. No. 09-1301
325 F. App'x 288

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Opinion

majority opinion

PER CURIAM:

Jerome Julius Brown, Sr., seeks to appeal the district court’s order dismissing his civil action. We dismiss the appeal for lack of jurisdiction because the notice of appeal was not timely filed.

Parties in a civil case are required to file the notice of appeal within thirty days after the judgment or order appealed from is entered, Fed. R.App. P. 4(a)(1)(A), unless the district court extends the appeal period under Fed. R.App. P. 4(a)(5), or reopens the appeal period under Fed. R.App. P. 4(a)(6). This appeal period is mandatory and jurisdictional. Bowles v. Russell, 551 U.S. 205, 127 S.Ct. 2360, 168 L.Ed.2d 96 (2007).

The district court’s order was entered on November 10, 2008. The notice of appeal was filed on February 18, 2009. See Fed. R.App. P. 4(d). Because Brown failed to file a timely notice of appeal or to obtain an extension or reopening of the appeal period, we dismiss the appeal. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

DISMISSED.